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Ius Laboris

AI at Work: Tips on Battling Bias

Ius Laboris on

The use of workplace artificial intelligence (‘AI’) is becoming increasingly commonplace for employers in Germany. It can bring significant benefits to HR by increasing efficiency and saving costs. However, it is essential...more

TNG Consulting

Mandated Risk Assessment of Students: Part One – Authority to Mandate

TNG Consulting on

At NABITA, we are often asked whether a Behavioral Intervention Team (BIT), CARE team, Behavioral Threat Assessment and Management (BTAM) team, or, in some instances, the Threat Assessment Team (TAT) has the authority to...more

Epstein Becker & Green

SCOTUS Levels the Field for “Reverse” Discrimination: Potential Consequences

Epstein Becker & Green on

Writing for a unanimous Court, Justice Ketanji Brown Jackson states that Title VII does not require a plaintiff who is a member of a “majority” group to present “additional background circumstances” as the lower court had...more

Ius Laboris

Responsibility and Power: Tackling Sexual Harassment at Work

Ius Laboris on

Combatting workplace sexual harassment starts at the top, with those in leadership positions. They have the unique ability to set the organisational culture, and yet statistics in Peru reveal a troubling reality. A...more

TNG Consulting

When the Academic Year Ends and the Title IX Complaint is Still Open 

TNG Consulting on

As the academic year draws to a close, Title IX practitioners may feel increased pressure to resolve outstanding Title IX complaints before graduation, summer breaks, and other transitions. The Office for Civil Rights (OCR)...more

Shook, Hardy & Bacon L.L.P.

Texas Legislature Passes Comprehensive AI Bill

Texas’ legislature passed a business friendly “comprehensive” artificial intelligence (AI) bill, the Texas Responsible Artificial Intelligence Governance Act (House Bill 149). But this isn’t a Colorado AI Act copycat; the...more

Alston & Bird

NY Passes Law Governing Personalized Algorithmic Pricing; AI Companions

Alston & Bird on

On May 9, 2025, New York Governor Kathy Hochul signed Assembly Bill A3008 into law. The omnibus legislation mandates transparency in personalized algorithmic pricing while prohibiting related discrimination. The new law also...more

Brooks Pierce

High Court Unanimously Rejects the Imposition of Special Requirements for “Majority Group” Discrimination Claims

Brooks Pierce on

On Thursday, June 5, 2025, the Supreme Court unanimously rejected the notion that Title VII of the Civil Rights Act of 1964 (“Title VII”) imposes special requirements on a “majority-group” plaintiff trying to make an initial...more

Bradley Arant Boult Cummings LLP

"Supreme Court Shakes Things Up: Reversal of the 'Background Circumstances' Rule Marks Major Legal Shift"

Before June 5, 2025, the law (at least in some jurisdictions) was that majority-group employees (e.g., white or heterosexual) had to show additional “background circumstances” in addition to a prima facie case to prove...more

Fisher Phillips

Pop Quiz: How Much Do You Know About Pride Month and LGBTQ+ Rights in the Workplace?

Fisher Phillips on

Pride Month provides an opportunity for you to recognize the resilience of the LGBTQ+ community at your workplace amid an evolving and often challenging legal and political landscape. Now more than ever, this year’s Pride...more

Arnall Golden Gregory LLP

Supreme Court Eliminates Heightened Standard for “Reverse Discrimination” Claims

On June 5, 2025, the Supreme Court of the United States unanimously ruled in Ames v. Ohio Department of Youth Services that plaintiffs alleging employment discrimination under Title VII of the Civil Rights Act of 1964 are not...more

Troutman Pepper Locke

Supreme Court Avoids Class-Action Review Due to Mootness Concerns

Troutman Pepper Locke on

On June 5, the U.S. Supreme Court dismissed a writ of certiorari as improvidently granted, leaving unresolved a significant question regarding class-action certification under Federal Rule of Civil Procedure 23. The question...more

Robinson Bradshaw

EEOC Guidance Partially Vacated: What’s an Employer to Do?

Robinson Bradshaw on

Savvy employers read and implemented the Equal Employment Opportunity Commission’s 2024 Enforcement Guidance on Harassment in the Workplace. Now, portions of that Guidance relating to LGBTQ+ employee rights are defunct....more

DCI Consulting

Department of Justice Launches Civil Rights Fraud Initiative

DCI Consulting on

Federal contractors who have been waiting to find out how Executive Order (EO) 14173 would be implemented now know at least one piece of the federal government’s enforcement plan....more

Berkshire

Supreme Court Rejects Higher Standards for Majority Plaintiffs in Title VII Disparate Treatment Cases

Berkshire on

The Supreme Court has voted unanimously to end a Circuit Court split regarding whether members of a “majority group” have additional evidentiary burdens when bringing a case under Title VII of the Civil Rights Act for...more

Kilpatrick

One Standard for All: SCOTUS Rejects Heightened Evidentiary Standard for Reverse Discrimination Claims

Kilpatrick on

On June 5, 2025, the United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, decisively rejecting the so-called “background circumstances” rule that required majority-group...more

Vinson & Elkins LLP

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

Vinson & Elkins LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more

Hanson Bridgett

As ICE Rolls Into California, Current Law Enforcement Immigration Protections May Roll Out

Hanson Bridgett on

Last week, just as the online battle between Donald Trump and Elon Musk was heating up, news broke that Immigration and Customs Enforcement had raided three locations across Los Angeles. Since then, the subject of immigration...more

Proskauer - Law and the Workplace

AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim

A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more

Adams & Reese

U.S. Supreme Court Opens the Door for Reverse Discrimination Claims

Adams & Reese on

When I think of employment discrimination, I generally think of someone in a traditional majority group (e.g., white or male) firing someone in a minority group (e.g., African American or female) because of sex or race. But...more

Holland & Hart LLP

Fairness Isn't Optional: Lessons from Google's $50M Bias Case and SCOTUS on Title VII

Holland & Hart LLP on

In May 2025, Google agreed to pay $50 million to settle a high-profile class action brought by Black and multiracial employees who alleged systemic racial discrimination in hiring, leveling, and promotion. That same month,...more

Wilson Sonsini Goodrich & Rosati

HHS Announces New Director of Office for Civil Rights: What to Watch from the New Health Privacy Leader

On June 4, 2025, the U.S. Department of Health and Human Services (HHS) announced the appointment of Paula M. Stannard as the Director of the Office for Civil Rights (OCR). As Director, Stannard will lead the enforcement of...more

Akerman LLP - HR Defense

Supreme Court Eliminates “Background Circumstances” Test in Reverse Discrimination Cases: What Employers Need to Know

In a landmark ruling significantly changing how workplace discrimination claims are litigated, the U.S. Supreme Court has removed a major barrier for plaintiffs alleging “reverse discrimination” claims under Title VII. In...more

Littler

Federal Court Partially Blocks Enforcement of Parts of Executive Orders on DEI and Gender Identity

Littler on

On June 9, 2025, the U.S. District Court for the Northern District of California issued a ruling in San Francisco AIDS Foundation v. Trump, temporarily blocking the enforcement of several provisions in executive orders issued...more

Hinckley Allen

An End to the Heightened Reverse Discrimination Standard

Hinckley Allen on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision holding that “reverse discrimination” claims are not subject to a heightened standard of proof. This decision clarifies the legal standard required for such...more

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